Terms of Use

Effective Date: September 12th, 2023

These Terms of Service (together, these “Terms”) describe the terms and conditions on which Epic Managers, LLC (“Epic Managers,” “we,” “us” or “our”) offers access to www.epicmanagers.com and any related website or mobile application on or to which these Terms are linked or referenced (collectively, the “Services”).

The Services offer a digital platform for employers to administer and improve their employee job satisfaction and performance processes. These Terms apply to (i) employees who access the Services to participate in feedback and surveys related to their job satisfaction and performance (“Employee Users”), (ii) employees who supervise other employees and access the Service to monitor their supervisees’ job satisfaction and deliver performance related information (“Manager Users”) and (iii) the user who is designated by each employer to serve as the authorized administrator and who designates which Employee Users and Manager Users have access to the Services (“Administrator User”). Sometimes, we refer to these three types of users altogether as registered users.

Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between Epic Managers and you.

By accessing and using the services, you affirm that:

You have read and understand these terms;
You will comply with these terms;
You are at least the age of legal majority in your place of residence otherwise legally competent to enter into legal contracts; and
If you are using the services on behalf of your employer, your acceptance of these terms is deemed an agreement between Epic Managers and your employer and you represent and warrant that you have authority to bind your employer to these terms.

Important Note
Please read carefully “DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.” These provisions limit our liability to you and affect on how disputes are resolved.

Scope

These Terms apply to use of public portions of the Services as well as subscription services available only to registered users.

Our agreements with certain clients (“Subscription Agreements”) may contain provisions that specifically relate to your use of the Services. Please check with your employer because, if a provision of a Subscription Agreement conflicts with a provision of these Terms, then the provision of the Subscription Agreement will control but solely to the extent of the conflict.

Changes To Terms

The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may amend or supplement these Terms. We will provide you with advance notice of material amendments to these Terms. We will not make amendments that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. As of the Effective Date, the amended Terms supersede all previous versions of or agreements, notices or statements about these Terms.

Additional Terms

Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to the Additional Terms, then you may not use the Services to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will control for the Services to which the Additional Terms apply.

Ownership Of The Services

The materials displayed or performed or available on or through the Services (the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of Epic Managers or the owner of that Content or (ii) in a way that violates the rights of any other person or entity (including Epic Managers). You agree not to remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services.

You understand that Epic Managers owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Using The Services

You may access and use the Services if you agree to these Terms and are authorized by an Administrator User. If you do not agree to these Terms, then you may not use the Services even if you are authorized by an Administrator User.

You are responsible for the software, hardware and Internet service that you need to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.

Creating an Account: Each registered user needs to create an account (“Account”) to use the Services. Your employer provides you with credentials to create an Account. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your Account and use of the Services. By creating an Account, you authorize us to have access to data that your employer has shared with us so that we can operate the Services.

Restrictions on Your Use of Services: You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party (other than as expressly authorized by Epic Managers), and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You agree that you will not (and you agree not to encourage or allow any third party to):

Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or Epic Managers’ computer systems or networks;
Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
Reformat or frame any portion of the web pages that are part of the Services without Epic Managers’ written consent;
Create an Account under false or fraudulent pretenses;
Collect or store personal data about any other user without his or her express prior written consent;
Attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, or to any of the services offered through the Services, by backing, password “mining” or any other illegitimate means; or
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.

A violation of any of the above restrictions is grounds for termination of your right to use or access the Services.

User Content: Epic Managers may from time to time offer areas where you or other users can post or otherwise submit suggestions, ideas, notes, concepts or other information or materials (collectively, “User Content”). You are the owner of and are responsible for your User Content. But, by submitting your User Content, you grant Epic Managers and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit your User Content in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and Epic Managers’ products without further notice to or consent from you. Under no circumstances are you entitled to payment if Epic Managers uses your User Content. All User Content is deemed non-confidential and non-proprietary.

By submitting User Content, you represent and warrant that:

Your User Content is true and accurate;
You own or otherwise control all of the rights to your User Content, including copyrights and trademarks, necessary to meet your obligations to Epic Managers under these Terms;
Your User Content is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
Your User Content does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

Epic Managers takes no responsibility and assumes no liability for any User Content. You acknowledge and agree that Epic Managers has the right (but not the obligation) to alter, remove or refuse to post or allowing posting of any User Content. Epic Managers encourages you not to disclose any personal data in your User Content because other people may see and use the personal data in your User Content.

Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply.

Updates To The Services

Epic Managers may from time to time, in its sole discretion, develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates also may modify or delete certain features and functionality. You agree that Epic Managers has no obligation to provide Updates or to continue to provide or enable any particular features or functionality. Please promptly download and install all Updates. If you do not, portions of the Services may not properly operate. All Updates are part of the Services and subject to these Terms.

Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, then Updates will automatically download and install or you may receive notice of or be prompted to download and install available Updates.

Linked Services

The Services may contain links to third-party websites and services (“Linked Services”). Epic Managers does not own or control and is not responsible for Linked Services. Epic Managers provides links to Linked Services for your convenience only. The inclusion of a link does not imply endorsement by Epic Managers of the Linked Service or any association with the operators of the Linked Service. Epic Managers does not investigate, verify or monitor the Linked Services. You access Linked Services at your own risk and subject to the legal provisions applicable to the Linked Services.

Privacy

Please review our Privacy Policy (https://epicmanagers.com/privacy-policy/) carefully before providing us with any information. Our Privacy Policy applies only to information you provide to Epic Managers. If you provide information to any third party, your personal data is governed by the third party’s privacy policy. Likewise, any information provided to us by your employer concerning you is governed by your agreement with your employer. We encourage you to be familiar with your employer’s policies before using the Services, and we encourage you to be familiar with a third party’s privacy practices before providing information.

Indemnification

You are responsible for your actions. You agree to indemnify and defend Epic Managers and its directors, officers, employees and agents (“Epic Managers Parties”) from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against any of the Epic Managers Parties by any third party arising from your use of the Services in violation of these Terms or applicable law. Epic Managers reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of any of the Epic Managers Parties may be made without Epic Managers’ prior written approval.

Warranty Disclaimer

Your use of the Services is at your own risk. Although we use commercially reasonable efforts to make sure that the Services are accurate and reliable, Epic Managers does not warrant that the Services are accurate, complete, reliable or error-free.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EPIC MANAGERS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Any oral or written advice provided by Epic Managers or its agents does not and will not create any warranty.

Limitations Of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE EPIC MANAGERS PARTIES IS LIABLE FOR INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

YOU AGREE THAT EPIC MANAGERS’ MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO EPIC MANAGERS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $100.

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Epic Managers would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

California Residents: BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Dispute Resolution

This Privacy Policy and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the State of Arizona, without reference to its conflicts of laws. You acknowledge and agree that any legal action or proceeding between you and Epic Managers for any purpose concerning this Privacy Policy shall be brought exclusively in a federal or state court of competent jurisdiction in Arizona. Any claim arising out of this Privacy Policy must be brought within one (1) year of the date on which the claim arose.

YOU AND Epic Managers AGREE THAT EACH MAY BRING claims against the other only on an individual basis and not as a plaintiff or CLASS member in any PURPORTED class or representative action or proceeding.

Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Epic Managers under the laws of any jurisdiction outside the United States are hereby waived, including any claim or action under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this agreement to arbitrate. THIS PROVISION DOES NOT APPLY IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT REQUIRES US TO USE A LEGALLY COMPETENT COURT OF THE JURISDICTION WHERE YOU RESIDE.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

Termination

You may stop using the Services at any time. We also may stop providing the Services or create limits on use of the Services, whether specifically to you or generally. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

Notice To California Residents

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is: 10645 N Tatum Blvd. Ste C200614, Phoenix, AZ 85028

To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact Epic Managers via e-mail at [hello at epicmanagers.com] (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

Please see our Privacy Policy for information about your privacy rights.

Jurisdictional Restrictions

Epic Managers is incorporated in the United States. Epic Managers reserves the right to limit the availability of the Services to any person or geographic area at any time. You acknowledge that you are not authorized to access and use the Services if you live outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

You agree that you will not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country designated by Sponsor and/or the United States Treasury’s Office of Foreign Assets Control; to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; and in any other jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation.

Jurisdictional Restrictions

General Legal Terms

These Terms, which incorporate our Privacy Policy, contain the entire understanding by and between Epic Managers and you with respect to the Services.
Your affirmative act of using and/or registering for the Services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically
You agree that we may send you notice via email to the email address associated with your Account and we are not responsible for your failure to receive notice if an email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
Nothing contained in these Terms will be deemed to constitute Epic Managers or you as the agent or representative of the other or as joint venturers or partners.
These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
Headings and captions are for convenience only.

How To Contact Us

Please address your questions, complaints or claims about the Services to:

Epic Managers Support
hello at epicmanagers.com